Online municipal, specialist, commercial and plant auction.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions:

In this terms and conditions, the following terms have the meanings set out in this clause unless the context otherwise indicates:

"Auction Website" means the website with the URL www.munie.com or such other URL through which the services are offered;
"item" means goods that may be bought or sold through the auction process;
"member" means a registered member of Munie;
"services" means any one or more of the services offered by Munie from time to time and at the date of commencement of these terms and conditions means the provision of the Auction Website as a forum through which members can sell municipal and commercial motor vehicle and equipment and related items;
"we", "us" and "our" are a reference to Munie;
"you" is a reference to you;
"Munie" is a trading name of Municipal Vehicle Auctions.Com Limited whose registered office is 3 Nightingale Place, Pendeford, Wobaston Road, Wolverhampton, WV9 5HF (Company Number 06009597) registered in England.

1.2 Interpretation:

In the interpretation of these Terms and Conditions, unless the context or subject matter otherwise requires:

(i) singular includes plural and vice versa and any gender includes every gender;

(ii) a reference to a person includes limited companies, limited liability partnerships, partnerships, Government authorities, local authorities and other legal entities, and where necessary, includes successor bodies;

(iii) references to statutes include all and any amendments thereto, consolidated statutes, Statutory Instruments, regulations and orders, rules made under those statutes;

(iv) headings are used for convenience only and are to be disregarded in the interpretation of these Terms and Conditions;

(v) where any word or phrase is given a defined meaning, another grammatical form of that word or phrase has the equivalent meaning;

(vi) each paragraph or sub-paragraph in a list is to be read independently from the others in the list, unless otherwise indicated;

(vii) a reference to an agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time; and

(viii) a reference to a Party includes that Party's authorised executors, agents administrators, substitutes, successors and permitted assigns.

2. GENERAL

2.1 Deemed acceptance of terms and conditions:

These Terms and Conditions contain the terms on which Munie offers you access to the Auction Website and associated services.
You are deemed to accept these terms and conditions by registering on the Auction Website. If you do not accept these terms and conditions, you must refrain from using the services, including listing items on the Auction Website.

2.2 Periodic amendments to terms and conditions:

These terms and conditions may be amended in whole or in part by Munie from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on the Auction Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.

3. CONDITIONS OF USE

3.1 Munie's services:

Munie provides an online forum/marketplace to introduce members who want to buy and sell, inter alia municipal motor vehicles, commercial vehicles, plant and machinery and associated and related items.

Munie does not take any part in the sale of items other than by providing the Auction Website as a venue for members. Munie is not an auctioneer.

If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.

3.2 Your liability for transactions conducted:

Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Munie takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you.

Munie gives no undertakings, representations, or warranties in relation to items sold or listed on the Auction Website, including:

(a) about ownership of any item;

(b) as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site;

(c) as to the accuracy or truth of listings;

(d) that any item will meet your requirements or expectations;

(e) about the ability of members to complete a transaction.

3.3 No Warranty:

You expressly understand and agree that:

(a) Your use of the services is at your sole risk. The Auction Website and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 3.2, Munie disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of quality, fitness for a particular purpose, and non-infringement;

(b) Munie does not warrant that:

(i) the services provided will be uninterrupted, timely, secure, or error free; or

(ii) that any information (including feedback) provided on the Auction Website is error-free or reliable;

(c) no advice or information that is obtained by you from Munie or anyone else shall create any warranty by Munie that is not expressly stated in the terms and conditions; and

(d) responsibility for the content of advertisements appearing on the Auction Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Munie's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

3.4 Indemnity:

You agree to release, indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to complete a transaction, or arising out of any content or item you submit, post, transmit, or make available through the services of the Auction Website.

3.5 No liability:

You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Munie to you or any other person under or in connection with these terms and conditions, or in connection with the services, the Auction Website, another Member's acts or omissions, or your use of or inability to use, the services or the Auction Website is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Munie's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss. In the event that a finding is made against Munie despite the provisions of these Terms and Conditions, the maximum amount recoverable against Munie is limited to the membership fee charged by Munie for the use of the Auction Website.

3.6 Use of Auction Website at sole discretion of Munie:

Without limiting any other rights and remedies available to Munie, Munie may limit your activities on the Auction Website in its sole discretion, including removing your bids or listings, warning other members of your actions, issuing a warning to you, suspending or terminating your membership, or refusing to provide our services to you if you breach these terms and conditions or where Munie considers it appropriate.


4. GENERAL RULES

4.1General:

(a)All listings, bids or communications made through the Auction Website shall be made in good faith.

(b)You must not attempt to damage, interfere or harm the Auction Website or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the Auction Website or information feature on it for any purpose.

(c) You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions or in your member profile.

(d) You must list auctions and classifieds in pounds sterling. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).

(e) You must not complete a transaction outside of the Munie process or otherwise seek to avoid Munie's fees. Attempts by you to avoid fees, including through multiple memberships, premature auction withdrawal, or otherwise, may result in Munie suspending or terminating your membership at the discretion of Munie. Munie can also demand that the fee for listing the item becomes immediately payable in the event that you are found to be engaging in actions to avoid the payment of Munie's fees.

(f) You must not use the services or the Auction Website to promote items for sale outside the services.

(g) Munie memberships are not transferable and therefore cannot be sold or traded.

(h) You must comply with these Terms and Conditions in full. In the event of your breach of these Terms and Conditions, Munie reserves the right to charge you a penalty of �500.00 as liquidated damages for breach. The amount of this penalty is without prejudice to any other remedy which Munie may have against you as a result of your breach of the Terms and Conditions.


4.2Seller's obligations:

(a) You will only enter listings that comply with the Munie seller policy as shown on the Auction Website (including listing only municipal vehicles or related items).

(b) You must ensure your listings are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, delivery arrangements methods and who bears the cost of delivery.

(c) You will only place listings for items that exist and are to be sold. You will not list items that you are not legally entitled to sell or that are not in your possession.

(d) You must not sell illegal, stolen, or unsafe items, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any item listed by you does not breach this clause. You agree that Munie may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause at any time.

(e) Depending upon your class of membership your listing may contain a URL for a website that contains further information on the item you have listed. However this website must not offer any items for sale, or contain contact details. You must not use Munie listings to promote a business or web site other than a Munie web site.

(f) For auctions, you must sell to the highest bidder if the reserve price is met. You may only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.

(g) Listings are not pre-screened for content. Munie reserves the right to remove and/or alter any listing that it deems unsuitable or in breach of the terms and conditions.

(h) You must promptly forward the listed item to the successful buyer on completion of the transaction.

(i)You are entitled to place your item for sale elsewhere, other than on the Auction. However, in the event that this item is sold before the close of bidding on the Auction Website, you must inform us and we will remove the item for sale from the Auction Website immediately upon agreeing the sale elsewhere. For the purposes of this provision, you will be deemed to have agreed to a sale elsewhere where someone has either offered to buy the item and you have accepted this, or where an auction has been completed with the sale price being in excess of any reserve placed upon the item.

(j)You must not either by yourself either or with the assistance of any third party seek to increase any bid for any item by making bids on any item that you have offered for sale on the Auction Website (so called 'bidding up'�).


4.3 Buyer's obligations:

(a) Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. You should be aware of any delivery charges made by the seller where applicable.

(b) If you are notified that your bid has been successful, you must complete the transaction. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.

(c) You must make full and prompt payment for an item bought by you. (within 7 days of auction end or from when seller sends payment invoice)

(d) You agree to your username and the amount of your bid being publicly shown on the Auction Website .

(e) If your bid is successful and you do not pay for the item, you will receive a warning from Munie if the seller complains about you. Munie may terminate or suspend your membership in its sole discretion without notice to you. Furthermore a seller has the right to demand from the winning bidder any successful sale fees that seller has already paid or owes Munie in relation to a auction where a winning bidder did not follow through with purchase.

(f) Should you not comply with sellers request Munie may terminate or suspend your membership in its sole discretion without notice to you.

(g) You are required to inspect any item for sale and satisfy yourself that the items is of satisfactory quality and fit for the purpose you require the item for.

5. MEMBERSHIP

5.1 Fees and general requirements:

(a) Fees:

The fees associated with becoming a member of and using the Munie Auction Website are set by Munie in its sole discretion.

The fees associated with becoming a member, listing items on and using the Auction Website (to include any commission payable on sale) will be detailed on the "Fees" section of the Auction Website.

You will not be a member of the Auction Website or authorised to list items or otherwise use the Auction Website unless and until any relevant fees are paid by you and received by Munie.

Munie reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

Before listing an item, you should review Munie' fees to ensure you are aware of the fees that you will incur.

You must pay the fees immediately upon demand by Munie regardless of whether or not they are demanded by Munie.

Non payment after this time will result in account suspension. Non payment after a further 7 days will result in account removal.

At that time you account details will be passed to our collection agent for recovery of the debt.

You will be liable for all costs incurred.

Interest on all debts will accrue interest at the rate of 4% above the base rate of NATWEST Bank PLC for the period from the date of the end of the auction until the date of payment of the said debts.

(b) General requirements:

To become a member of the Auction Website, you must have the capacity to form a legally binding contract i.e. be at least 18 years of age and not under any other legal disability. By registering as a member of the Auction Website, you warrant that you can form a legally binding contract.

You agree to receiving Munie e-mail newsletters. If your e-mail address is bouncing or blocking these e-mails we reserve the right to terminate your membership.

In the event that you wish to contact Munie please follow the 'contact us' link from the Auction Website.

You agree to give pre-authorisation permission on a debit / credit card to Munie and agree that at no time will you cancel terminate or revoke this permission without the prior written consent of Munie.

5.2 Warranty as to information provided:

You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Munie to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). Munie may phone or mail you to verify these details.

5.3 Munie ability to terminate membership:

Munie reserves the right to decline to register or to terminate your membership in its sole discretion without entering into further discussions with you. Members who have registered under multiple aliases will have all of their aliases disabled.

5.4 Your security:

You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

(a) not to permit any other person to use your user name or membership; and

(b) not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.

5.5 LISTING POLICIES

It is your responsibility to ensure you are legally allowed to sell any items you list, this includes ensuring that the item doesn't breach of any copyrights, trademarks or intellectual property rights.

You must also abide by the following listing policies:

� items must be accurately represented;

� listings must be for the sale of an actual item and must not be purely for advertising purposes including offering services;

� 'Keyword spamming' to manipulate search results is not allowed;

� all prices should be in pounds sterling and including (where applicable) VAT;

� delivery charges should be the actual cost of delivery only;

� listing an item is a commitment to sell it through Munie. You may not withdraw an item because it has not reached the price you wanted.

6. PRIVACY

6.1 General:

Munie collects personal information about you through your use of the services and the Auction Website, including:
your registration details; and
information relating to your use of the Auction Website and the content you access.

You agree that Munie may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing other Munie products and services to you, and for any other use that you authorise.

We will not sell or allow third parties to access your personal information without your consent, however you agree that Munie may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these terms and conditions at any time.

6.2 Munie privacy guidelines:

(a) Use of information

Munie does not sell your personal identification to third parties.

We release account and other personal information only when we believe release is appropriate to comply with law, enforce or apply our terms and conditions, or protect the rights, property, or safety of Munie Limited, our users, or others.

(b) Email

It is the policy of Munie to send our members email throughout the auction process and other email they elect to receive, in addition to customary business communications (payment confirmations, etc.). Further, it is our policy to immediately remove any member from any mailing list upon the member's request.

(c) Membership details

Our site's registration form requires you to provide us contact information. We may use your contact information from the registration form to send you information about our company and promotional material from some of our affiliated partners. Your contact information is also used to contact you when necessary.

(d) Profile updates

Munie provides you with ways in which you can alter your personal data, including changing your email address, password, phone number.

(e) Password security

You are responsible for all actions taken with your user name, email address and password, including fees. Therefore we do not recommend that you disclose your Munie password to any third parties. If you choose to share your user name, email address and password or your information with third parties to provide you additional services, you are responsible for all actions taken with this information and therefore you should review that third party's privacy policy.

(f) Membership termination

If you wish to have your registration removed from our directory for any reason, simply send us an email requesting to be removed.

(g) Pictures

Subject to your level of membership, you are entitled to upload to the Auction Website a picture or pictures of the item being offered for sale. Munie will in its absolute discretion determine the maximum size of picture file which can be submitted. Munie will use its reasonable endeavours to apply a watermark to the said picture file.

7. GENERAL

7.1 Service availability:

Munie will use its reasonable endeavours to ensure the availability of the Auction Website and services, subject to any downtime required for maintenance. However, Munie takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Auction Website or services being unavailable. Further, Munie assumes no responsibility for the corruption of any data or information held by Munie.


7.2 Duty not to involve Munie in disputes:

(a) As Munie is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, Munie in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.

(b) Munie may offer a dispute resolution service to its registered members from time to time. The terms upon which such a service shall be offered shall be posted to the Auction Website where applicable. Munie is under no obligation to offer this service to its members and reserves the right to change modify or withdraw any service at any time within its own discretion.

7.3 Severance:

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

7.4 Legal jurisdiction:

These terms and conditions are governed by the laws of England and Wales. You submit to the non-exclusive jurisdiction of the Courts of England and Wales. The parties agree and acknowledge that any legal dispute arising out of these terms and conditions will be held in the Birmingham County Court/ Birmingham District Registry of the High Court of Justice.

7.5 Force Majeure:

We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.

7.6 No Waiver:

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

7.7 Protection of intellectual property:

Munie (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Auction Website (including text, graphics, logos, icons and sound recordings).

You may not without our prior written permission, in any form or by any means:

(a) adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Auction Website; or

(b) commercialise, copy, or on-sell any information, or items obtained from any part of the Auction Website.

7.8 Entire agreement:

These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.